When you start creating your Privacy Policy, the first set of questions will be used to determine what privacy laws apply to you, and thus what disclosures your Privacy Policy needs to contain. The question of "do you do business in Australia or in any of the Australian external territories" will determine whether you need to comply with the Australia Privacy Act 1988. If you answer "yes" to this question, you will need to comply with the Australia Privacy Act 1988 and will be asked additional questions for the disclosures required by this law.
Australia Privacy Act 1988 will apply to you even if you are not located in Australia if you collect the personal information of residents of Australia or any of the Australian external territories and do business in Australia or in any of the Australian external territories. In assessing whether you actually do business in Australia, the following factors should be considered:
- You have a place of business in Australia;
- You have employees or contractors in Australia;
- Your website offers goods or services to Australian consumers (e.g. you ship goods to Australia);
- Australia is one of the countries on a drop-down menu appearing on your website;
- Web content that forms part of carrying on the business was uploaded by you or on your behalf in Australia;
- You assess or act upon business or purchase orders in Australia; or
- You are a registered proprietor of trademarks in Australia.
If you do business in Australia or in any of the Australian territories, you should select "yes" to this question.